Friday, October 25, 2019
An Enterprise Backup Solution :: Evaluation Analysis Networks Essays
An Enterprise Backup Solution Content 1     Situation Analysis     3 2     Objective     3 3     Situation Fact     3 4     Options     4 4.1     Option # 1: Veritas Netbackup     4 4.2     Option # 2: Legato Networker     5 4.3     Option #3: Commvault Galaxy     7 4.4     Enterprise Backup Solution – Evaluation Analysis     8 4.5     Summary of options available     11 4.6     Updated analysis of Legato Networker subsequent to inclusion of Visual Storage Resource Migrator and Alphastor     11 5     Recommendation     17 1     Situation Analysis This document was prepared to analyze the current backup environment and prepare an action plan, for the Ridgefield location regarding the incorporation an Enterprise Backup Solution. 2     Objective Our objective is to determine the best course of action regarding the selection and implementation of an Enterprise Backup Solution. 3     Situation Fact The current network environment has been outgrown the ability of Veritas BackupExec, the backup software platform used by BI Ridgefield- Production Services, in terms of amount of data being backed up, functionality, and reliability. At the time of its initial purchase approximately six years ago (with BackupExec 7.x), the server infrastructure consisted of approximately 80 clients with one TB of data captured on a weekly full backup. This small-business level backup solution provided a good fit for the environment and served the company’s data protection needs well. Accordingly, we continued to leverage BackupExec 8.x – 9.x in our organization as the network infrastructure expanded though out the years. The server environment has now grown to the point where there are 370 servers with approximately 16 Terabytes of data captured on a weekly full backup. In light of this, meeting the established backup/restore service agreement is becoming increasingly challenging. Some of the functionality/features required to address this challenge includes: -The ability to direct multiple streams of data to one media device simultaneously (Multiplexing). -A provision for re-starting backup jobs from the point at which they failed (Checkpointing). -Descriptive reporting on backup media content. -Automation of Media Duplication and Vaulting tasks. -Compete compatibility with SANs and NAS support As a result, Production Services has evaluated a number of solutions from the leading backup software manufacturers. The final list was narrowed down to three competitors we thought could best meet our outlined requirements. They are: Veritas NetBackup, Legato Networker, and Commvault Galaxy. The tables below list the details of the evaluations. 4     Options The reviews of the three options are listed in the following table: 4.1     Option # 1: Veritas NetBackup Option Table # 1: Pros     Cons Administrative/management tasks performed from a centralized location. (Familiar Microsoft Management Console style interface). Provides the ability to browse resources through Graphical User Interface when creating backup and restore jobs, reducing the possibility of typographical errors. Provides straightforward media management. Multiple media erased, moved and exported at once.
Thursday, October 24, 2019
Similarties and Differences Between Romeo and Juliet Movies
Shakespeare’s Romeo and Juliet Is a play based on love, hate, tragedy and sacrifice. It has been retold many different times in both written and film text and it is effective and timeless throughout the use of many techniques. Baz Luhrmann and Franco Zefirelli are two directors who have made this classic play into film. Both directors have portrayed the major scenes within the play with some similarities and differences. The three major fight scenes being discussed are: the fight scene at the start, the fight scene between Tybalt and Mecrutio and the death scene of Romeo and Juliet.In the first scene, the audience is introduced to the hatred between the two feuding families, and both directors portray this in similar and different ways. One similarity is the camera angles; there are close ups to reveal the palpable emotion on the Capulet’s and the Montague’s faces and bird’s eye views to explore the conflict. A noticeable difference between the versions is the music; Luhrmann uses intense, powerful music to set the mood, however, Zefirelli uses the crowd’s uproar.Another difference is the exposure of Christ; in Luhrmann’s, a huge statue of Christ is shown as a representation of the power of the Church over the lives of the people below. On the contrary, in Zefirelli’s, no religion is revealed. During the fight scene between Tybalt and Mecrutio, Luhrmann and Zefirelli approach it in a very similar but contrasting manner. In Zefirelli’s version, the atmosphere is almost comical as the two battle it out; until Tybalt takes it too far and fatally stabs Mecrutio. In Luhrmann’s, Tybalt seems overcome with rage and fights Mecrutio mercilessly.The similarity in both versions is that when the fight ends there is a close up on Tybalt’s face that reveals his regret towards Mecrutio’s death. During the conflict, Luhrmann cleverly uses a visual metaphor in the background; the brewing of a storm. As the scene gets more intense, the storm becomes more pronounced, until finally it is unleashed as Romeo kills Tybalt. Zefirelli delivers his fight scene more mundanely. In the scene were Romeo and Juliet die, Luhrmann and Zefirelli approach it in two different ways that are both effective in their similarities and differences.Luhrmann portrays Juliet as the centre of attention, dressed symbolically in white, surrounded by a sea of candles. Both versions include a shot of the dead star crossed lovers lying in each other’s arms, finally together. In Luhrmann’s, he builds up the suspense until you almost believe Juliet will wake up in time to stop Romeo taking the poison. Whereas Zefirelli’s leaves no doubt that they will not be together. A crucial final difference in both versions is that Luhrmann never shows the families reuniting.In the play, Capulet and Montague agree to end their feud; in the Zefirelli film, the families converge visually. Zefirelli and Luhrma nn have both made spectacular versions of Romeo and Juliet, both approached it in different but similar ways. Zefirelli’s version is intriguing, but the overall winner is Luhrmann’s. He captivates the audience with an amazing cast, exciting camera angles and enchanting music. Despite the modern outtake of his interpretation of the play, Luhrmann’s film language remains Shakespearian, which gives it that authentic touch.
Wednesday, October 23, 2019
Improving the Sales of a Retail Store
This paper aims to apply the retail elements discussed in the book of Paco Underhill, â€Å"Why We Buy†. As discussed in the book, improving the state of certain but key retail elements of the store will likely improve its sales performance. For this study, the proponent opted to study the prospects of improving the retail elements of the Starbucks Coffeeshop located at 62 Boylston, Boston, Massachusetts and subsequently, the store’s sales performance. I. THE STORE – The proponent chose the Starbucks Coffee Shop located at 62 Boylston, Boston, Massachusetts for this study. It is a very small establishment that provides that rustic makeshift feel typical of Boston. While the coffee shop is successful in blending with the building that houses it and appears to have tapped a substantial percentage of foot traffic to keep it afloat, the proponent believes that it can do more once improvements are implemented to it. These improvements will be discussed in detail and will be conveyed after reviewing key retail elements. 1. Facade – As mentioned earlier by the proponent, the establishment blended well with the building’s color scheme and all with only the logo to distinguish it from afar. If one is new in the area and happens to pass this route to the office, chances are, the establishment will not register as on of Starbuck’s stores unless one looks up and sees the logo. 2. Layout– In general, the interior follows a typical Starbucks coffee shop with varying seat arrangements ranging from a 2-seater coffee table to bar tables on the glass panel provided with stools to suit to the dining preference of its customers. Similarly, the tables and chairs are arranged in such a way to allow a free flowing process for the customer, i. e. , from the time one enters the store, to approaching the counter, then dining until the customer heads for the exit. The interior painting provides a warm and homey feel enticing customers to stay a little longer. . Display – Inside the store, you will see the usual Starbucks merchandising showing their valued coffee beans, thermo mugs, coffee press and music cds to name a few. In front of the counter, one gets enticed to indulge in a sweet spree with all the pastries the store has to offer. The window panels while bare and boring from afar, allows passersby to get a glimpse of what is happening inside and what is in store for them and the proponent believes that this is the how Starbucks wanted it. . Value Added Amenities – The store provides its customers with mild pipe in music that stimulates an engaging conversation with friends. In addition, the store provides wireless fidelity connection to give customers access to the internet. 5. Customer – While the regular Bostonian walks to and fro school or work, most come from old rich descent. Life in Boston is a bit laid back compared to other areas in the United States making the theme of the store under study suitable for them. II. THE PROPOSAL – In reviewing the Starbuck’s store, the proponent attempts to apply the following retails points crucial in improving the sales performance of an establishment. These elements are: 1) A reason to return; 2) Interception Rate; 3) Display windows; 4a) Touch, trial, or other sensory stimuli; 4b) Immediate gratification; 4c) Social interaction; 5) Adjacencies and 6) Design, merchandising and operations (Underhill 2000). As the proponent conducts the analysis certain areas for improvement will be identified in the process. Among these areas, the proponent believes that application of certain modification on the stores design, i. e. , facade, and initiating activities that will enhance social interaction will not only increase the occurrence of repeat customers but will also enable them to tap other target markets. These two areas are discussed in detail below: 1. Design – Obviously, the operator of the Starbucks coffee at 62 Boylston, Boston, Massachusetts tried to blend in with the overall color and theme of the building, unfortunately, certain marketing concepts have been sacrificed in doing so. For instance, while people passing within the proximity of the coffee shop will likely identify it immediately, people from afar will most likely miss it not to mention if these people are new or are just visiting the area. The proponent also suggests that applying a contrasting color scheme will not only help increase the visibility of the store but as a matter of fact, will improve the appearance of the building en banc. 2. Social Interaction – Another avenue for sales improvement is in initiating activities that will enhance group meetings or social interaction in the store. To note, the baseline sales of the store is more or less dependent on the number of seats occupied. Oftentimes, the seating capacity of the store will be underutilized due to customers who would be dining alone. By initiating activities or promotions like group discounts, utilization of the store’s seating capacity, which as mentioned is a function of sales, will likely increase.
Tuesday, October 22, 2019
Developing the price policy for a Bike
Developing the price policy for a Bike Introduction Among the four P’s of marketing, pricing is probably among the most important. Its importance is best represented by the fact that pricing generates an organization’s turnover (Ranganathan 2001, p. 1). However, developing a sound pricing policy is not an easy process because pricing must reflect the supply and demand relationship of the product in question. Indeed, pricing a product too high or too low could lead to significant losses for the organization because it could put off customers or not match up to the market dynamics (Ferrell 2010).Advertising We will write a custom essay sample on Developing the price policy for a Bike specifically for you for only $16.05 $11/page Learn More There is no shortfall to the number of companies which have made unsuccessful attempts at developing poor pricing policies. For example, the pricing policy adopted by Honda Civic was largely unsuccessful because the company realized significant loss es from its pricing strategy (Ferrell 2010). The company has since been trying to reinvent itself. This paper recognizes the pitfalls in developing a sound pricing policy and from this awareness; it seeks to develop a sound pricing policy for a bike. To achieve this objective, several factors will be considered. First, this paper analyzes the general conditions for the product. Specifically, the target market will be analyzed to expose the unique characteristics of the product (viz-a-viz the pricing policy). In addition, this paper highlights the different kinds of studies that ought to be undertaken before developing the final pricing policy. Alongside this goal will be identifying the objectives of the pricing strategy. It is only until these elements are effectively explained that the pricing strategy will be unveiled. To explain the criterion for developing the pricing policy, calculations will be given to show how the price of the product was arrived at. Finally, information ab out the long-term and short-term lower price limits will be given. General Conditions for the Product Already, we have established that this paper focuses on a bike as the chosen product for developing an effective pricing policy. The bike in focus will be a mountain bike which is specifically designed for hiking and other recreational activities. The product’s image will be designed to appeal to a young target market that is enthusiastic about technology and convenience. This perception is expected to be created from the product’s image which will be relied on to communicate a reliable piece of art which will withstand the most treacherous terrains. The product’s image will therefore be expected to communicate the message that the bike can be used in the rockiest and steepest terrains without being damaged. A range of colors and sizes will also be offered to appeal to different segments of the target market.Advertising Looking for essay on business eco nomics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Based on the functions of the bike, the target market will be comprised of people between the age of 12 and 30. This population group is perceived to have a higher inclination of engaging in recreational activities like mountaineering or hiking (Young 2011). However, the target market also includes other institutions that engage in the primary functions of the bike. For example, different organizations hire bicycles to different bike enthusiasts and similarly, different organizations provide their employees with bicycles during team recreational activities and other team-building activities. Indeed, organizations such as hotels, tour companies (and the likes) hire bicycles to tourists and other people who would want to explore nature (on bikes). Similarly, almost every organization today engages in team building activities as a way to motivate employees in their workplace (and improve employee cohesion). These target groups are amalgamated with individual customers to constitute a wider target group. Studies to be Undertaken before developing the Pricing Policy As observed in earlier sections of this paper, pricing policies are very crucial to the success of a product. Developing effective pricing policies is perceived by many people as a gruesome process that needs to take into account different dynamics of a company’s product and market (Young 2011). Different aspects of the company’s goals (and the market) therefore need to be considered in critical detail. Therefore, the first study that needs to be done before an effective price policy is introduced involves the determination of the company’s pricing goals. These goals may vary among organizations but they may include realizing short-term or long-term profits or even stabilizing the prices of the company’s products (Kardes 2004). Other companies may have different goals such as im proving their profitability or effectively managing the competitive pressure from other products. Paul (2008) explains that even when undertaking such a study, it is important for experts to factor the current market conditions because the pricing policies need to be conducive to the current market conditions. The study of the current market conditions therefore constitutes the second base to be covered in the formulation of an effective pricing policy. The third study that needs to be undertaken is the determination of the current competitive environment. Competition is a crucial component in the process of formulating pricing policies because aggressive competitive forces are known to erode the strengths of effective pricing policies (Kardes 2004).Advertising We will write a custom essay sample on Developing the price policy for a Bike specifically for you for only $16.05 $11/page Learn More Similarly, a weak competitive environment can revamp a weak pric ing policy. The final pricing policy therefore needs to be cognizant of the current competitive environment and preferably, the pricing level needs to be lower than the competitors’ (Encyclopedia of Management 2006, p. 7). The fourth study that needs to be done involves the ascertainment of production costs. In layman’s terms, this is the final cost of production. However, when undertaking the study, it is important to consider different aspects of production costs (including intangible costs). These costs normally vary among different companies but regarding the production of the mountain bikes, the most notable costs will be labor costs, material costs, transportation costs and assembly costs. These costs mainly describe the primary costs associated with the production or manufacture of the mountain bikes. Secondary costs associated with the production of the mountain bikes include administrative costs, inflation costs (among others). The study is therefore aimed at ascertaining all these costs to arrive at a profitable price that will be able to cover all the production costs and still allow the company to make a profit. The final study that needs to be done centers on the customers’ market power. This study is closely linked to the market survey. However, its uniqueness lies in focusing on the customers as opposed to other market forces. Indeed, markets are often segmented, based on different market parameters such as income levels, consumer tastes, preferences (and the likes). The process of pricing formulation therefore needs to take into account the customer dynamics of the market because it would be fruitless if a high-end pricing policy is implemented on a low-end market segment (Encyclopedia of Management 2006, p. 8). Objectives of the Pricing strategy As explained in earlier section of this paper, it is crucial for a company to establish what it intends to achieve from its pricing policy. Regarding the context of this paper, the main aim of the pricing strategy will be to achieve significant success during the introduction of the company’s product (mountain bikes). This objective is informed by the fact that there is a lot of competitive pressure in the mountain bike market segment and every company intends to have a significant share of the existing market. In fact, companies which are already active in the market intend to increase their market share and edge out weak products. The pricing strategy identified in this paper will therefore be aimed at addressing the above concerns.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Calculation of the Price HERKULES (2011) explains that there are different methodologies that can be used to ascertain a product’s price. Mainly, he identifies three methodologies including cost-based pricing, competition-based pricing and customer-based pricing (HERKULES 2011, p. 11). Based on the objectives of our pricing strategy, this paper will use the competition-based pricing model. The main advantage of the competition-based pricing model is the keen focus on the industry’s dynamics (competitive activities and company activities). Indeed, by knowing competitor activities, it is very easy to develop an effective and competitive pricing strategy. Existing and emerging competition will also be keenly analyzed in this pricing strategy including how to increase the prices by providing additional value (that the competitors do not offer). The pricing strategy discussed below is aimed at designing the pricing policy so that it can effectively increase the customer bas e. The Government of Alberta (2012) describes this pricing strategy as a market penetration strategy. Nonetheless, this pricing strategy will be aimed at attracting customers from the competition and creating a new market share. Bowie (2012) explains that most companies which adopt this market strategy tend to lower their prices so that they seem more pocket-friendly to the customers. In vibrant markets, such market strategies are expected to yield a high profit in the short-term because customers in such markets tend to be very flexible and responsive to price changes. In detail, the cost of buying all the accessories for building the bike is expected to cost 40 Euros. This is the primary cost associated with buying and delivering all the components used to assemble the bicycle. Assembly costs are expected to add an additional 5 Euros to the cost of the bicycle. Therefore, the completed bicycle will cost 45 Euros. All other costs associated with marketing and delivery of the bicycl es to the final buyer is also expected to add an additional 5 Euros. Therefore the selling price for the bicycle is expected to be 50 Euros. From the study undertaken to assess the prices of the competition, we realized that the competitive prices in the market ranged between 45 Euros and 55 Euros. This price range appeals to all market segments. Considering the competitive prices, our pricing strategy intends to include 5 Euros to the existing cost of selling the bike as a component of the ‘value addition’ strategy. The value addition cost is directly attributed to after-sale services which are expected to be offered for all the bicycles sold. All customers will therefore be entitled to a free after-sale service for all bicycles bought (within the first year of purchase). All repair costs incurred after the one year period will therefore be done at the customer’s expense. This value addition cost is expected to be the selling point for this price policy. Concise ly, the free after-sale service justifies the additional 5 Euros added to the cost of the bicycle. Furthermore, the customer’s cannot compare the additional five Euros they will pay (as additional cost) with the cost of undertaking repairs (from their pockets). Justifiably, this pricing policy is therefore expected to work and draw in many customers from the competition. The market survey also shows that few competitors offer after-sale services. Finally, including the profit margin will add another 5 Euros to the cost of the bicycle. Correctly, the final price of the bike will be 60 Euros. The calculations are as follows: Cost of inputs 40 Euros Assembly costs 5 Euros Transportation and marketing costs 5 Euros After sale service cost 5 Euros Profit 5 Euros Total 60 Euros Other companies have used the above pricing strategy with tremendous success. Perhaps the most notable company to adopt this pricing strategy is Apple Inc. (Rosenbloom 2011, p. 337). Compared to its competitor’s prices, Apple’s prices are perceived to be abnormally high. However, the company has witnessed a consistent growth in its sales. In fact, the company’s former CEO, Steve Jobs, is globally celebrated to have steered the company to new heights of success (Rosenbloom 2011, p. 337). Ironically, the company’s prices are still high. Kunz (2010) analyzes this phenomenon and concludes that Apple’s success thrives on a pricing game. He further explains that the company prices its products high enough for the customers to believe that they have a good product (of high quality). His argument is that consumers are very poor at evaluating products and they do not know which criterion to use to establish whether they have a quality product or not (Kunz 2010). Since they have this dilemma, they blindly use the pricing strategy to determine whether they have a good product or not. The common belief among customers therefore is that a good qual ity product should be expensive. According to Kunz (2010) this perception has created the belief that Apple’s products are superior to their competitors. This paper therefore proposes the high-end pricing strategy as a basis for its future success. This pricing policy is closely similar to Apple’s, except for the fact that there is a good value creation attached to it. Obviously, the customers would see that the bikes are priced slightly higher than the competitors but the fact that they would get more value for paying a premium is expected to be the main selling point for this pricing policy. Long-term and the Short-term Lower Price Limits Potter (2004) explains that when formulating a pricing policy, it is important to consider the long-term and short-term implications of the pricing policy. There are different pricing strategies identified in this study but research shows that identifying the right pricing strategy is often a tricky affair (Besanko 2009). This paper has already cited the fact that a poor pricing strategy can potentially be disastrous for a business. Many markets have however witnessed the intrigues of lower price limits as a strategy adopted by some companies (especially) as they try to increase their market share (Besanko 2009). Lower price limits are sometimes perceived to be illegal in some countries because some manufacturers do not play fair by setting their lower price limits below the cost of production (McGuigan 2010). Often, this strategy is adopted by businesses that intend to limit the threat to entry. Therefore, when new businesses intend to enter such markets, they have to price their products at ridiculously low prices. Such prices are often unviable in the long-term. Focusing on the context of this study, we can agree that the lower price limit for the bike would include all the costs of production (without after sale services costs or any profit margins). From the calculations cited above, the lower price limit would be 50 Euros. This price is derived by adding the cost of inputs, assembly costs and transportation and marketing costs. However, since businesses have to analyze their sustainability, the low price limits have a strong business implication in the long-term and short-term. In the short-term, it would be obviously impossible to make a profit because selling the bikes at 50 Euros would imply that only the initial costs of production will be recovered. In the market, such a pricing strategy would increase sales and consequently increase the market share (McGuigan 2010). However, only the customers would be benefitting from the low price limit but the business would be suffering. The product will also gain popularity through such a business strategy because the sales volumes are expected to be high (since customers will be attracted by the low prices) (McDonald 2011). Such a situation is however likely to pose a problem for the viability of the business in the long-term. Indeed, i n the long-term, the business will not be able to make any profits. The business will also not be able to grow because there will be no profits to invest back into the business (Smagalla 2004, p. 9). Essentially, there would be no point of staying in the market longer because there will be no point of doing business because the whole notion of doing business is to make a profit. The low price limit does not allow for profit making and therefore the business will have to shut-down eventually (Boone 2011, p. 662). Ideally, it would be advisable to price the bikes at a few Euros more than the low price limit so that the business can make a profit and consequently grow. Depending on the competitive prices, the business will be able to grow and probably improve its service provision or venture into new markets. Such an eventuality is however impossible in the short-term. Only until the business is able to make a profit (for a prolonged period of time) can it be able to grow and possibly venture into new markets (Meyvis 2004). Conclusion After weighing the findings of this paper, we can agree that establishing the right pricing strategy for a new product is often tricky. Indeed, many companies have posted losses because of poor price policies while others have closed down from the same. Different factors have been explained as crucial to the formulation of the pricing policy. Specifically, competitor analysis, market analysis, cost analysis and customer analysis have been cited to be crucial to the formulation of pricing policies. This paper proposes an ambitious price policy which is based on a high-end pricing strategy aimed at delivering quality services for less money (from a long-term perspective). The preferred product is therefore expected to be sold slightly more expensive than the competitors but still, the price is not very far from the competitors’. A sustainable level of success is therefore expected. References Besanko, D 2009, Economics of Strat egy, John Wiley Sons, London. Boone, L 2011, Contemporary Marketing, Cengage Learning, London. Bowie, D 2012, Hospitality Marketing, CRC Press, London. Encyclopedia of Management 2006, Pricing Policy and Strategy, enotes.com/pricing-policy-strategy-reference/pricing-policy-strategy Ferrell, O 2010, Marketing Strategy, Cengage Learning, London. Government of Alberta 2012, Methods to Price Your Products, http://www1.agric.gov.ab.ca/$department/deptdocs.nsf/all/agdex1133 HERKULES 2011, Product cost calculations , http://herkules.oulu.fi/isbn9514264509/html/c953.html Kardes, F 2004, ‘The Role of Selective Information Processing in Price-Quality Inference’, Journal of Consumer Research, vol. 31 no. 2, pp. 36-47. Kunz, B 2010, How Apple plays the pricing game, msnbc.msn.com/id/38980367/ns/business-us_business/t/how-apple-plays-pricing-game/#.T9tVInpqB70 McDonald, M 2011, Marketing Plans: How to Prepare Them, How to Use Them, John Wiley Sons, London. McGuigan, J 2010, Manage rial Economics, Cengage Learning, London. Meyvis, T 2004, ‘When Are Broader Brands Stronger Brands? An Accessibility Perspective on the Success of Brand Extensions’, Journal of Consumer Research, vol. 31 no. 2, pp. 34-65. Paul, J 2008, International Marketing: Text And Cases, Tata McGraw-Hill, London. Potter, D 2004, ‘Confronting Low-End Competition’, MIT Sloan Management Review, vol. 45 no. 4, pp. 73-9. Ranganathan, R 2001, Pricing Policy In Marketing, slideshare.net/rohitr6/pricing-policy1 Rosenbloom, B 2011, Marketing Channels, Cengage Learning, London. Smagalla, D 2004, ‘Does Promotion Pricing Grow Future Business?’, MIT Sloan Management Review, vol.45 no. 4, p. 9. Young, E 2011, Principles of Marketing, Rex Bookstore, Inc., New York.
Monday, October 21, 2019
Great awakening essays
Great awakening essays American Philosophy in the eighteenth century was divided into two halves. The first heavily influenced by the Calvinism of the Puritans, the second more directly along the lines of the European Enlightenment and associated with the political philosophy of the Founding Fathers (Thomas Jefferson, Benjamin Franklin, etc...). The age of the Enlightenment began when people started to question authority, religion, and philosophize about life and science. The First Great Awakening was started to bring the fire back into religion. Both the Great Awakening and Enlightenment played a big role in contributing to the growth of colonial America and independent. The powerful Enlightenment ideas of the eighteenth century, concerning reason and natural law, spread widely throughout Europe and its colonies and gave hope to many people for future progress and reform. As England gained control over the colonies in America, many colonists felt victimized by the unfair treatment they were receiving from their country. They used the ideas of Enlightenment thinkers, or Philosophies, in their aim for independence and liberties. The Enlightenment ideas also spurred the discontented French to revolt against their unfair ruling class. Both, the Americans and the French, were enlightened by the new, liberal and logical thoughts, and these encouraged them to demand change in the social order and unjust authorities they were subjected to. The ideas of the Enlightenment were spread through the writings of many Philosophies, through different intellectual gatherings, and through traveling. Enlightenment was used as a weapon against the old French society and encouraged tolerance, reasoning, and improvement of society. Considered as revitalization, an awakening of religious devotion, called the Great Awakening. The fear of the flames of hell swept through the American colonies, mainly in New England, between 1730-1745. The Great Awakening st...
Sunday, October 20, 2019
Australian case Modbury Triangle Shopping Centre Pty Ltd v Anzil
This case was heard by the High Court of Australia. In this case, the respondent was successful during the trial. Similarly, the responder proved to be successful when the Full Court of Supreme Court of South Australia heard the appeal. Under these circumstances, Modbury Triangle Shopping Center made an appeal to the High Court of Australia. The facts of this case can be briefly described as follows. In this case, the appellant, Modbury owned a shopping center. On the other hand, Mr. Anzil, the respondent was hired by a video store that had leased premises in the center. In front of the weekly shop there was a large outdoor parking for the center. The car park was owned by the shopping center, Modbury. The video store remained open until 10 PM in the night and after that time the lights of the car park were automatically switched off. In this case, the respondent was leaving his workplace at 10:30 PM on a Sunday night and the lights of the car park were turned off. Subsequently, the respondent was attacked by three unidentified persons. One of the assailants had a baseball bat and the respondent suffered serious injuries. According to the lease agreement, the lighting in the common areas like the parking area was provided. According to the discretion of the appellant had a part of the cost was paid by the tenant. Earlier, almost 2 years ago, the practice was to let the lights on at the 11 PM. Later on, a request was made by the co-manager of the video store that the lights should be allowed in the 10:15 PM but just ended and nearly 12 months before the attack, the practice was adopted to switch off the lights at 10 PM. Under these circumstances, the proprietor of the shopping center was sued by the plaintiff in negligence for his failure to exercise reasonable care and switching off the lights in the car park. In this way, the case was related with the liability of the occupier for the criminal conduct of a third party. Therefore the main issue in this case was to decide if and when a person can be held liable towards another person for a duty to take reasonable care for controlling the conduct of the third party.[1] In this case, although it was argued by the appellant that the attack could have been prevented if better lighting was present in the car park, but the majority of the judges were quite skeptical of this claim. Therefore, it appears that mainly the case was conducted on the issue if the risk of injury was created or increased by the defendant due to poor lighting. It was pointed out by the court that in this case, the claim of the building was not based on the physical conditions in the car parking (for example that he had tripped over due to bad lighting). Instead, the claim in the present case was based on the third party's deliberate criminal actions. Therefore the issue in this case was related with the liability of the defendant for an omission, particularly the liability of the defendant regarding the criminal actions of third party. It was decided by the majority of these days that Modbury, as the occupier of the premises, had a duty which did not extend to take precautions fo r preventing the physical injury was to the plaintiff by criminals. In order to decide if the occupiers had a did you get towards the persons who entered their land, the proximity test needs to be applied. In case of this test, physical proximity, circumstantial proximity and casual proximity is involved. Apart from it, under such circumstances, another test that can be used is the three stages test.[2] The three stages in this regard are if the damage suffered by the plaintiff can be described as reasonably foreseeable, if the relationship that existed between the plaintiff and defendant can be described as sufficiently proximate and if so, can it be described as fair, just and reasonable under the circumstances to impose the duty of care on the defendant. The questions that need to be asked for the purpose of deciding if there has been a breach of the required standard of care include the question if it was foreseeable, if the risk was not insignificant and if any other reasonable person would have taken the precautions under similar circumstances in which the defendant was. There are other relevant factors that also need to be considered like if the cost involved in taking the precautions would have considerably increased the cost of energy. It was also claimed by the apparent than an occupier of land is not how a duty of care, which requires the occupier to take reasonable care for preventing physical injury to the plaintiff that may be caused as a result of the criminal behavior of a third-party.[3] Therefore in the present case also, the occupier did not have any control over the actions of the attackers or on the circumstances under which the attack took place. The general rule that can be applied in the present situation is that the person does not have a duty to control the other person to prevent such person from causing damage to a third person. Generally for the purpose of occupier's liability, the duty of care in negligence regarding the physical condition of the premises arises as a result of the power that the occupier had to control the persons who enter or remain on the land and also the power of the occupiers to control the state of land. Moreover, the occupiers in a better position as compared to an entra nt to know regarding the physical condition of the premises.[4] Regarding the issue of a duty of control over third parties, it was the opinion of the majority in this case that the scope of the duties of an occupier does not extend to third parties. Apart from the exceptional circumstances or in case of the presence of the special relationship between the parties, liability is not imposed by the common law regarding the ommission to take positive steps for the purpose of protecting the other person from the criminal actions of the other party. It was also stated in this case that if a special relationship is not present, it is not the duty of a person to take steps to prevent causing harm to another person as a result of the interactions of a third party even if such a risk can be described as foreseeable. It will also recognize by the court that under some exceptional cases, a duty can be imposed on a party to take positive steps that are required in order to prevent a reasonably foreseeable risk. That has been created independent from the conduct of the defendant. Such a situation arises in cases where there is a special or protective relationship present between the parties, and an obligation has been assumed by the defendant to protect the plaintiff.[5] It can be said that such a protective relationship is present where the defendant has the capability to control the risk of harm that may be caused to the plaintiff and in cases where the plaintiff can be described as vulnerable and depending on the plaintiff for the prevention of such harm.[6] But in the present case, it was noted by the court that the occupier was not in a position to control the actions of the assailants. Similarly, the occupier did not have any knowledge regarding the impending attack. The court stated that the middle attacks cannot be predicted and it was not possible for the occupier to control such an attack.[7] Under these circumstances, it was stated that the occupier cannot be held liable in the present case, because the immediate and direct cause of the injuries suffered by the plaintiff was the attack by the offenders and these injuries were not suffered as an absence of lighting. Similarly, this fact was also noted that responsibility was not assumed by the occupier regarding the safety of the respondent. It was reasonable for the occupier to believe that the employer of the respondent would protect him. Concerning the occupier, the respondent can be placed in similar position in which any other member of the public can be placed. Similarly in the present case, the contribution of the occupier in the injuries suffered by the respondent was negligible. If liability is imposed on the occupier, it would mean that the financial responsibility has been shifted regarding the consequences of a crime, from the wrongdoer to another person. Even if such person did not have the capability to impact the behavior due to which the injuries were caused. Moreover the court stated that there is no doubt that an occupier of land has the duty of care towards the persons who unlawfully present on the land. In the present case also, it can be said that the appellant had a duty towards the first to respond and regarding the physical condition of the car park. However, the issue in this case was related with the fact if the appellant also had a duty of the kind that is relevant for the harm that was offered by the first respondent. This issue was discussed in this case in the form of the argument related with the nature or scope of the duty. In the present case, the nature of farm caused to the respondent was in the form of physical injuries that have been caused by a third party and the respondent did not have any control over the actions of the third-party.[8] Therefore, it can be said in the present case that any relevant duty in such circumstances can be described as the duty related with the security of the respondent. It can be a duty of a person, in his position as the occupier of land, which requires him to take reasonable care for protecting the persons who were in the position of the respondent against conduct, which includes the criminal actions of the third parties. Under these circumstances, the majority decision given by the High Court was that the appeal of Modbry should be allowed on both the issues. Consequently, it was decided by the High Court that Modbury cannot be held liable for injuries suffered by Mr. Anzil. In support of the decision, it was stated by the court. That being an occupier of land, Modbury has a duty of care towards Mr. Anzil but this duty cannot be considered to be extending to take reasonable steps for the purpose of preventing the criminal actions of third parties, as a result of which, physical injuries were suffered by Mr. Anzil. Under the circumstances where Modbury did not have any control over the conduct of the attackers. The court pointed out that even if it can be said that the failure of Modbury to provide proper lighting in the car park could have facilitated the time in the same way as it had made provision for the car park and descent and decided to park his car there but it cannot be treated as the. Main cause behind the injuries suffered by Mr. Anzil. In this case, the direct cause due to which Mr. Anzil had suffered the injuries was the conduct of the three assailants over which Modbury had no control. It was also noted by the court that in this case, the inadequate lighting had not caused the concealment of a dangerous object or condition in the carpark as a result of which, damage may have been suffered by person or property. Due to the unpredictability of criminal behavior, as a general rule, and when a special relationship is not present, a duty is not imposed by the law to prevent harm to another person caused by the criminal conduct of third parties even if such harm can be described as reasonably foreseeable.[9] Therefore the court stated that the occupier, Modbury was not liable for the injuries suffered by the respondent. Chomentowski v Red Garter Restaurant Ltd (1970) 92 WN (NSW) 1070 Commissioner for Railways v McDermott [1967] 1 AC 169 at 186 Dorset Yacht Co v Home Office [1970] AC 1004 Fraser v State Transport Authority (1985) 39 SASR 57 Hill v Van Erp (1997) 188 CLR 159 at 229 Kondis v State Transport Authority (1984) 154 CLR 672 at 687 Pitt Son & Badgery Ltd v Proulefco (1984) 153 CLR 644 Public Transport Corporation v Sartori [1997] 1 VR 168 Smith v Leurs (1945) 70 CLR 256 at 262 Commissioner for Railways v McDermott [1967] 1 AC 169 at 186. Smith v Leurs (1945) 70 CLR 256 at 262 Dorset Yacht Co v Home Office [1970] AC 1004. Kondis v State Transport Authority (1984) 154 CLR 672 at 687 Hill v Van Erp (1997) 188 CLR 159 at 229 Chomentowski v Red Garter Restaurant Ltd (1970) 92 WN (NSW) 1070 Public Transport Corporation v Sartori [1997] 1 VR 168 Fraser v State Transport Authority (1985) 39 SASR 57 Pitt Son & Badgery Ltd v Proulefco (1984) 153 CLR 644
Saturday, October 19, 2019
Nutrigenetics the relation between Genes and nutrition APOA2 Dissertation
Nutrigenetics the relation between Genes and nutrition APOA2 concerning cardiovescular diseases - Dissertation Example Within the nutrition-related disorder context, the variations in genetics underline the varying risks of the diseases, in response to interventions or treatments, as well as in the successful prevention chances. In addition to knowledge of the specific responsible genes, nutrigenetics provides an explanation on how and to which level the nutrition-related disorders and traits are determined by the variations in genetics. Therefore, the major concern in this is the need to answer the question of which particular genes are responsible for a trait, as well as the particular variation in functional identity by which individuals exhibit differences for trait, and the ideal way through which the gained knowledge can be beneficial to the population. Nutrigenetics refers to the effect of variations in genetics on an individual’s optimal dietary requirements. Therefore, nutrigenetics can be regarded as the retrospective study of how variations in genetics, which include single nucleoti de polymorphisms (SNPs) in individuals, result in varied responses to particular nutrients. Researchers have always defined the candidate genes for a given disorder or trait and eventually went ahead to search for the variation in genes, and the approach has been referred to as ‘hypothesis-driven’ method, since the gene selection is done based on their respective functions, just like the lipoprotein genes is regarded as candidates for obesity disorder; whereas the genes for signaling insulin are considered to be candidates for diabetes.
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